You have asked whether certain information is subject to required public disclosure under
the Public Information Act, chapter 552 of the Government Code. Your request was
assigned ID# 140802.

The Texas Department of Public Safety received a request for a copy of a video tape. We
believe that a prior ruling, Open Records Letter No. 2000-3300 (2000), answers your
question concerning whether this tape is excepted from public disclosure under section
552.108(a)(1) of the Government Code. You may rely upon Open Records Letter No. 2000-3300 (enclosed) as a previous determination on this issue under section 552.301 of the
Government Code and thus need not ask this office again for a decision concerning the video
tape as long as the case investigation or prosecution remains active. See Gov't Code §
552.108(a)(1); Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ.
App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976)
(court delineates law enforcement interests that are present in active cases); Open Records
Decision No. 216 at 3.(1978).

If you have any questions about this ruling, please contact our office.